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Thread: Open carry not legal in Cassville?

  1. #1
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    Open carry not legal in Cassville?

    I was looking through the local city ordinances and found this. I guess that means no OC in Cassville.

    SECTION 215.270: WEAPONS─CARRYING CONCEALED─OTHER UNLAWFUL USE
    A. A person commits the offense of unlawful use of weapons if he/she knowingly:
    1. Carries concealed upon or about his/her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use.
    2. Discharges or shoots a firearm within the City limits.
    3. Possesses a firearm or projectile weapon while intoxicated.
    4. Carries a firearm or any other weapon readily capable of lethal use.

    2/5/2007
    B. Subparagraphs (1), (2) and (4) of Subsection (A) of this Section shall not apply to or affect any of the following: Back to Index
    1. All State, County and Municipal Law Enforcement Officers possessing the duty and power of arrest for violation of the general criminal laws of the State or for violation of ordinances of counties or municipalities of the State, or any person summoned by such Officers to assist in making arrests or preserving the peace while actually engaged in assisting such Officer;
    2. Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;
    3. Members of the Armed Forces or National Guard while performing their official duty;
    4. Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the State and those persons vested by Article III of the Constitution of the United States with the judicial power of the United States, the members of the Federal Judiciary;
    5. Any person whose bona fide duty is to execute process, civil or criminal;
    6. Any Federal Probation Officer; and
    7. Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the Board of Police Commissioners under Section 84.340, RSMo.
    C. Subparagraphs (1), (3) and (4) of Subsection (A) of this Section do not apply when the actor is transporting such weapons in a non-functioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subparagraph (1) of Subsection (A) of this Section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his/her dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through the City.

  2. #2
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    That is how I read it. Of course, there is no exception for CCW either, and that's preempted. Seems like the City Council of Cassville cannot be bothered to come in compliance with state law.

  3. #3
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    SECTION 215.275: CONCEALED WEAPONS POLICY
    A.
    Definition Of Weapon. As used in this Section,the following words shall have the meanings ascribed to them in this Section:
    ENDORSEMENT HOLDER: A person who holds an endorsement as set forth in Section 571.094, RSMo., which allows that person to carry a concealed weapon or a person who holds a permit to carry a concealed weapon from another jurisdiction.
    WEAPON: A knife (blade in excess of three and one-half (3) inches), firearm, a blackjack or any other weapon readily capable of lethal use.
    B.
    No person shall carry a concealed weapon within the corporate limits of the City of Cassville, except those persons who have been issued an endorsement holder as described in Section 571.101 to 571.121, RSMo. No person, including an endorsement holder, may carry a concealed weapon:
    Back to Index
    B.1.
    Into any Police, Sheriff or Highway Patrol office or station without the consent of the Chief Law Enforcement Officer in charge of that office or station. Possession of a firearm in a vehicle on the premises of the office or station shall not be a criminal offense so long as the firearm is
    To search Title II right mouse click on the document and use the search
    option in Adobe.
    2/5/2007
    not removed from the vehicle or brandished while the vehicle is on the premises. The Chief of Police is hereby designated as the Chief Law Enforcement Officer for the City of Cassville for the purposes of this Section, except the Sheriff's office, County Jail, Barry County Courthouse and Barry County Judicial Center for which the Sheriff of Barry County is designated the Chief Law Enforcement Officer. Back to Index
    B.2.
    Within twenty-five (25) feet of any polling place on any election day. Possession of a firearm in a vehicle on the premises of the polling place shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    B.3.
    Into any courthouse solely occupied by the Circuit Court or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This Subparagraph shall also include, but not be limited to, any juvenile, family, drug or other court offices, any room or office wherein any of the courts or offices listed in this Subparagraph are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by Supreme Court rule pursuant to Subparagraph (6) of this Subsection. Nothing in this Subparagraph shall preclude those persons listed in Subparagraph (1) of Subsection (2) of Section 571.030, RSMo., while within their jurisdiction and on duty, those persons listed in Subparagraphs (2) and (4) of Subsection (2) of Section 571.030, RSMo., or such other persons who serve in a law enforcement capacity for a court as may be specified by Supreme Court rule pursuant to Subparagraph (6) of this Subsection from carrying a concealed firearm within any of the areas described in this Subparagraph. Possession of a firearm in a vehicle on the premises of any of the areas listed in this Subparagraph shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    B.4.
    Into any meeting of the City Council, except that nothing in this Subparagraph shall preclude a member of the City Council holding a valid concealed carry endorsement from carrying a concealed firearm at a meeting of the City Council. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    B.5.
    Into any meeting of the Planning and Zoning Board, Board of Adjustments, Park Board or Airport Board of the City of Cassville, except that nothing in this Subparagraph shall preclude a member of the Board, holding a valid concealed carry endorsement, from carrying a concealed firearm at a meeting of the Board.
    C.
    Concealed weapons are prohibited in:
    C.1.
    All buildings owned by the City of Cassville or any portion of a building leased or controlled by the City of Cassville.
    Back to Index
    C.2.
    Any establishment licensed to dispense intoxicating liquor or non-intoxicating beer for consumption on the premises, which portion is primarily devoted to that purpose without the consent of the owner or manager. The provisions of this Subparagraph shall not apply to the licensee of said establishment. The provisions of this Subparagraph shall not apply to any bona fide restaurant open to the general public having dining facilities for no less than fifty (50) persons and that receives at least fifty-one percent (51%) of its gross annual income from the dining facilities by the sale of food. This Subparagraph does not prohibit the possession of a firearm in a vehicle on the premises of the establishment and shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the
    To search Title II right mouse click on the document and use the search
    option in Adobe.
    2/5/2007
    premises. Nothing in this Subparagraph authorizes any individual who has been issued a concealed carry endorsement to possess any firearm while intoxicated. Back to Index
    C.3.
    The City airport premises. Possession of a firearm in a vehicle on the premises of the airport shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    C.4.
    Any place where the carrying of a firearm is prohibited by Federal law.
    C.5.
    Any higher education institution without the consent of the administrator of the facility. Any elementary or secondary school facility or grounds without the written consent of the Board of Education of the Cassville School District. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    C.6.
    Any portion of a building used as a child care facility without the consent of the manager. Nothing in this Subparagraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm or a driver's license or non-driver's license containing a concealed carry endorsement.
    C.7.
    Any park owned, leased or possessed by the City of Cassville including, but not limited to, the Downtown Park, the South Park, the Greenway Trail and the Aquatic Park. Possession of a firearm in a vehicle on the premises of the park shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    C.8.
    Any church or other place of religious worship without the consent of the person or persons representing the religious organization that exercises control over the place of religious worship. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises.
    C.9.
    Any private property whose owner has posted the premises as being off limits to concealed firearms by means of one (1) or more signs displayed in a conspicuous place of a minimum size of eleven (11) inches by fourteen (14) inches with the writing thereon in letters of not less than one (1) inch. The owner, business or commercial lessee, manager of a private business enterprise or any other organization, entity or person may prohibit persons holding a concealed carry endorsement from carrying concealed firearms on the premises and may prohibit employees, not authorized by the employer, holding a concealed carry endorsement from carrying concealed firearms on the property of the employer. If the building or the premises is open to the public, the employer of the business enterprise shall post signs on or about the premises if carrying a concealed firearm is prohibited. Possession of a firearm in a vehicle on the premises shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. An employer may prohibit employees or other persons holding a concealed carry endorsement from carrying a concealed firearm in vehicles owned by the employer.
    C.10.
    Any hospital accessible by the public. Possession of a firearm in a vehicle on the premises of a hospital shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises. Back to Index
    To search Title II right mouse click on the document and use the search
    option in Adobe.
    2/5/2007
    D.
    No employee of the City of Cassville, except Police Officers and such other persons as may be authorized by the City Administrator, shall carry any weapon, as defined in Subsection (A) of this Section, on City property or in any City vehicle. Back to Index
    E.
    Any person who carries a concealed weapon in a location prohibited by this Section who has an endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a permit to carry a concealed weapon issued by another State onto premises where prohibited and refuses to leave the premises shall be in violation of this Section and shall be subject to a fine not to exceed one hundred dollars ($100.00) for the first (1st) offense. If a second (2nd) citation for a similar violation occurs with a six (6) month period, such person shall be fined an amount not to exceed two hundred dollars ($200.00). If a third (3rd) citation for a similar violation is issued within one (1) year of the first (1st) citation, such person shall be fined an amount not to exceed five hundred dollars ($500.00).
    F.
    Upon conviction of charges arising from a citation issued pursuant to this Subsection, the court shall notify the Sheriff or the County which issued the certificate of qualification for a concealed carry endorsement and the Department of Revenue. (Ord. No. 1423 1─6, 11-3-03)

  4. #4
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    NDAA signed. Martial law in effect. Time to focus on bigger issues, guys
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  5. #5
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    what website did you use to find the cassville ordinances?

  6. #6
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    http://home.centurytel.net/cassville...05/titleii.pdf

    page 21 ~ SECTION 215.270: WEAPONS─CARRYING CONCEALED─OTHER UNLAWFUL USE

    page 22 ~ SECTION 215.275: CONCEALED WEAPONS POLICY

    Wikipedia is your friend

    Cassville MO

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